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Hiding in Plain Sight: What Are “Discriminatory Covenants” and Does Your Association’s Governing Documents Contain Them?

One of the last few bills to be approved by Governor DeSantis at the end of this year’s legislative session was Senate Bill No. 374 which became law on September 4, 2020.  The new law defines and prohibits “discriminatory restrictions” from any title transaction recorded in the State of Florida and creates section 712.065, …

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Court Finds Short-Term Rentals Violate Deed Restriction

The current economic climate combined with COVID-related migration has many homeowners exploring the revenue generating options of their properties, which can put them at odds with a community association’s mission to cultivate residential harmony and lead to legal proceedings.

Becker Shareholder Jennifer Horan strongly advocates for a careful examination of association restrictions before moving forward with …

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New Laws

New F.S. 718.129, 719.131, and 720.318 provide that an association may not prohibit parking a law enforcement vehicle where the officer has a right to park.

F.S. 760.27 provides that a person seeking an emotional support animal must provide certain supporting information to qualify if the relate need for an ESA is not readily apparent. The …

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Distinguishing Between Statutory and Non-statutory Reserves Under the Florida Homeowners’ Association Act

Considering the fiduciary responsibilities officers and directors have to the homeowners’ association’s members, it is important to understand not only the importance of including reserve accounts in an association’s budget, but also to understand when reserve funding is mandatory under the Florida Homeowners’ Association Act. Unlike condominium associations, maintaining fully funded reserve accounts is not always …

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Director Elections in HOAs (i.e. Welcome to the Wild, Wild West)

An increasing number of homeowners’ associations are adopting a two-notice, advance-nomination process for electing directors, similar to the election procedures statutorily dictated for condominium associations. Yet with many HOAs still operating with governing documents drafted by the developer, it is not uncommon to hear about situations where an association is running its condo-like election …

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